The Federal High Court sitting in Lagos has struck out the “illegal possession of firearm charge” against the suspended Central Bank of Nigeria (CBN) Governor, Godwin Emefiele. following an application by the Ministry of Justice to withdraw it.

Justice Nicholas Oweibo struck out the charge after holding that the prosecution had the statutory powers to withdraw a charge against a defendant at any stage of trial.

The judge, in his ruling, held that the application filed by the Director of Public Prosecution (DPP), Mohammed Abubakar, seeking the withdrawal of the case is found in Section 108 of the Administration of Criminal Justice Act (ACJA), which empowers him to withdraw the charge and there is no requirement for the application to be in writing.

The defence, through its lead counsel, Senior Advocate of Nigeria Joseph Daudu had argued that the prosecution could not withdraw the charge unless the government purges itself of its disobedience to the court’s order of July 25 granting Emefiele bail.

Justice Oweibo, in a short ruling, condemned the conduct of the prosecution. In allowing the withdrawal of the charge, the judge wondered what good it would do to the defence if the court did not allow the leave.

He said, “The prosecution has shown that they are not law abiding and have no respect for the court. The court cannot force them. What good will it be for the defendant who is in custody? Of what benefit will it be to keep the file in the court’s docket?”

“To stop the embarrassment of the court and to keep its integrity intact, I believe the proper thing is to allow them withdraw the charge. They can simply abandon it and the court will still have to strike it out for lack of diligent prosecution. The application to withdraw is hereby granted.”

Background

The government had accused Emefiele of possessing a single-barrel shotgun (JOJEFF MAGNUM 8371) without a licence, an offence contrary to section 4 of the Firearms Act Cap F28 Laws of the Federation 2004 and punishable under Section 27 (1b) of the same Act.

The defendant was also accused of having in his possession 123 rounds of live ammunition (Cartridges) without a licence, which is contrary to section 8 of the Firearms Act Cap F28 Laws of the Federation 2004 and punishable under Section 27 (1)(b)(il) of the same Act.

The defendant had pleaded not guilty to the charge, a development which made the court grant him bail in the sum of N20 million.

Part of the conditions included an order that the suspended CBN governor should be remanded in the custody of the Nigerian Correctional Services pending the perfection of the bail terms.

However, rather than obey the order, the Department of State Services (DSS) rearrested and kept him in their custody after a scuffle with some Correctional Services officers.

His lawyers had subsequently brought an application seeking leave to serve the bail ruling on the Federal Government, preparatory to filing a contempt proceedings

The Lagos court granted leave to Emefiele to serve on the DSS Director General, Yusuf Bichi, the court’s ruling admitting him to bail.

Justice Nicholas Oweibo specifically granted Emefiele permission to publish the bail ruling, delivered on July 25, in three national newspapers circulating within the court’s jurisdiction.

The court held that the publication through substituted means would be deemed as good and proper service on the prosecutor.

After this was done, the DPP at the Federal Ministry of Justice, Mohammed Abubakar, subsequently appeared before the court seeking to withdraw the charge based on “emerging facts and circumstances” of the case, which he said requires closer investigation.

The DPP said his oral application was brought pursuant to sections 108 of the Administration of Criminal Justice Act, 2015.

But the defence counsel, Joseph Daudu (SAN) opposed the move, submitting that the court could not hear the oral application because the prosecution had not complied with the court’s order granting Emefiele bail.

He also argued that the there was no application before the court because the prosecution had not complied with the law and the rules of the court.

He stated, “It must be in writing; I have never heard of an application to withdraw a case without the prosecution filing a nolle prosequi. So I will urge the court that in the interest of justice, its need to prevent this abuse of the legal processes.

“Every application they brought against any citizen of this country under section 174 is a nolle prosequi; the government can not come before the court orally for that; it ought to be by “nolle prosequi”, at the point in term there is no application before the court.

“I urge the court to reject the application and order the learned DPP to continue today’s business,” he said.

“We have an application before the court, which accused the AGF of disobeying the court’s order, ordering that the respondent/ defendant should be remanded in the custody of the Nigeria Correctional Service.

“The court also granted the defendant an order of substituted service to be published in three National newspapers, and after we obtained these orders, they brought an application of stay of execution of the bail, and we say unless they obey that order, the court can not proceed,” Daudu stated.

While responding to the defence arguments, the DPP said nolle prosequi differed from withdrawing a charge; he cited section 108 of the Administration of Criminal Justice Law 2015.

He stated that while Section 107 provides that the application for withdrawal shall be in writing, Section 108 is silent on the mode, it gives the prosecutor the authority to apply to the judge, and our application was made under Section 108.

Dr. Abdullahi Umar Ganduje, Na­tional Chairman of the All Pro­gressives Congress (APC), has hinted of a blueprint to draw oth­er political parties into a merger agreement with the ruling party ahead of the 2027 election to boost its membership and followership across the country.

Ganduje made the disclosure while fielding questions from jour­nalists on the recent viral photo of the visit of Nyesom Wike, former Rivers State governor, to his (Gan­duje’s) Abuja residence.

While clarifying that he has not yet discussed with Wike, a minis­ter-designate, about him joining the party, the APC national chair­man, however, did not rule out such possibility in the near future.

“You know Wike is an honourable minister-des­ignate, so he came, we discussed because I was looking for him to congrat­ulate him for that, and also he came to congratulate me and we discussed that when he becomes minis­ter fully he will work very hard in order to move the ministry he is given for­ward and he is ready to cooperate.

But we didn’t discuss the issue of his coming to APC or not coming to APC. That issue will arise later.

He, however, expressed hope that the coming of Wike, when it eventually happens, will boost the fol­lowership of the party.

Beyond Wike joining APC, Ganduje disclosed that already a blueprint under­ground is ongoing to bring some of the political parties into a merger agreement to boost the followership of APC before the 2027 gener­al election.

“It will certainly improve the chances of this our par­ty, especially in 2027 and not only that we are coming out with a new blueprint to in­crease the followership of the party and this will in­clude all strata of officials; those who are in APC and those who are in other po­litical parties. I assure you very soon some of the polit­ical parties will even merge with the APC. We are doing that underground.”

Asked if Wike’s min­isterial appointment was not based on the spirit of government of national unity somehow canvased by the APC, Ganduje who received Simon Lalong, Plateau State immediate past governor replied: “But the spirit of national unity does not mean the spirit of one party in Nigeria. Spir­it of national unity means spirit of national compe­tence and spirit of national capacity.”

Earlier, Lalong had ap­plauded the emergence of Ganduje as APC national chairman, noting that as the longest serving political figure in the ruling party, he possesses the experience and temperament to lead the party to success.

“As the National Chair­man, Ganduje was governor. As a matter of fact when we look at his antecedents we always say he is the longest experienced politician that we have within us. Because he is somebody who was very long in civil service, he became permanent secre­tary, commissioner, longest serving deputy governor and became governor”, he narrated.

“So with this kind of ex­perience what else do you need in party matters? So we have confidence in him as he is now here and it is not an issue of one man, anytime he has opportuni­ty he does a lot of consul­tation and we are always available.

“His colleagues who were governors with him are al­ways available for this kind of work. That is why we are rallying around to give him every help so that the party can also succeed.”

[DailyIndependent]

Shafaq News/ISIS-affiliated forces known as "ISIS West Africa" has initiated the relocation of a portion of its troops from Niger to the Nigerian border, a move believed to be driven by apprehensions regarding potential military intervention by the "ECWAS" coalition forces. This development has raised concerns over regional stability.

Citing an insider source, the Nigerian newspaper "Daily Trust" reported that elite fighters from "ISIS West Africa" have commenced a strategic redeployment from their coastal and Niger positions, choosing to halt within the Lake Chad vicinity of Nigeria.

The rationale behind this maneuver is reportedly rooted in the organization's trepidation of potential military intervention by the "Ikewas" coalition, particularly in Niger, coupled with concerns about border restrictions imposed by the country. The ramifications of this strategic shift are viewed as posing significant threats to the overall security and stability of the region.

The "ECWAS" coalition previously issued a stern warning, threatening potential military involvement in Niger, after the toppling of President Mohamed Bazoum and establishing a military council to govern the nation.

In response to these political developments, the "ECWAS" group took decisive actions, imposing sanctions upon the newly formed military council and demanding the reinstatement of Bazoum under the looming possibility of measures, including using military force.

[shafaq]

The threat of military force to end the coup in Niger has led to significant divisions in the region.

It has heightened tensions in Niger itself, as well as among its neighbours.

There are more and more signs that any military intervention is likely to be met with stiff opposition. Growing support for the junta has emboldened the coup plotters to stay in power and call the bluff of the Economic Community of West African States, Ecowas.

In reaction to the threat of force, more Nigeriens took to the streets to show their opposition, with one protest held close to a French military base in Niamey.

The option of military force has divided countries in west Africa and the Sahel. Ecowas members are fully aware that an all-out war would increase the fragility of the region. A meeting of Ecowas military chiefs in Ghana on 17 and 18 August will discuss intervention options.

Meanwhile, the Ecowas parliament is divided over a military intervention. Member countries such as Nigeria, which currently holds the rotating chair, are also being put under internal pressure. Protesters took to the streets in Kano, the biggest city in northern Nigeria, against a possible invasion of Niger.

For their part, countries that neighbour Niger but do not belong to Ecowas, such as Chad and Algeria, have opposed the use of force.

As a scholar of politics and international relations, I believe that a military intervention in Niger is unlikely, as I have previously stated. However, the threat of force means tensions remain high. This is understandable as a great deal is at stake. I have identified three major implications of a full-blown war.

The first casualty would be the ongoing regional war against terrorism because countries currently committed to this fight would have their armies and resources diverted.

The second is that there would be a mass influx of refugees into the seven countries bordering Niger. This would have a knock-on effect as more refugees seek to find their way to Europe.

The third is that the conflict would heighten tensions between Niger and France. The junta blames France for the country’s insecurity and economic woes.

Counting the cost of war

Nigerien soldiers, through the G5-Sahel and Multinational Joint Task Force, are involved in the fight against Boko Haram, Islamic State West Africa Province (ISWAP) and other terrorist groups around the Lake Chad Basin and other regions of the country. An attack led by Ecowas on Niger would distract the soldiers and divert critical resources.

Terrorist groups could then take advantage of borders weakened by conflict. They could also benefit from a situation where armies which previously fought side by side against insurgents such as Boko Haram and ISWAP were now fighting one another.

The example of Syria and how ISIS quickly emerged in the region gives a glimpse of what could happen.

Most of the Nigerien population lives in the southern part of the country next to the borders with Nigeria, Republic of Benin, Burkina Faso and Mali. These countries would suffer an influx of refugees, further destabilising what are already fragile states.

A war between the Nigerien military and Ecowas would embolden human traffickers and lead to more Africans taking advantage of the chaos to travel north towards Europe.

Niger has several bilateral and multilateral arrangements with the European Union and other countries in Europe to curb mass migration through Libya and the Mediterranean sea.

Agadez in central Niger used to be a major hub for illegal migration but this has changed as a result of the concerted effort between Niger and its European allies.

Military intervention would lead to a total collapse of the relationship between France and Niger’s people. There is already anger among a large part of the Nigerien public against the former colonial master and its activities in the country.

Niger was a French colony from 1922 till independence in 1960 and Paris has continued to play a critical role in the domestic political and economic affairs of the country.

If people believe that Ecowas is being pushed to take military action by France and its allies, Nigeriens could look to Russia which has issued its own warning against military intervention.

While Russia might not have the capacity and resources to fully mobilise in support of the junta, it might engage the Wagner Group, the Russia-backed private military contractor, which already has a presence in neighbouring Mali.

Russia has been careful not to support the coup plotters so as not to upset its allies in Africa, such as South Africa and Namibia, who both oppose the coup. But a full-scale military intervention would provide Moscow with an opportunity to get involved and “gain another ally”. The military leaders in Burkina Faso for instance have been strengthening  their relationship with Russia.

Limited options

Ecowas is desperate to “do something” after the junta defied its seven-day ultimatum to step down.

Meanwhile, the junta is not showing any signs of backing down.

I think the best option is to rule out military action and to negotiate a short transition period to restore democracy.